General Conditions of Use and Sale

  1. Terms and Conditions of Use of the MarketPlace Designerbox

  2. General terms and conditions of subscriptions and products sold by Designerbox

  3. Protection of personal data

Information concerning the operation of the website

The www.DESIGNERBOX.com website is published and operated by the company Iconic Product Collection (hereinafter "DESIGNERBOX"), a simplified joint stock company with a share capital of 137,955 euros, whose registered office is located at 21 place de la République, 75003 Paris, France, registered with the Paris Trade and Companies Register under number 790 171 193.

 

Chief Executive Officer: Philippe Lehr

Intracommunity VAT number: FR 43 790171193

Tax identification number: 790171193

The website http://www.DESIGNERBOX.com is hosted by :

Tribway Consulting. 25 avenue Pierre Grenier 92100 Boulogne

consulting@tribway.com

Phone : +33 (0)9.70.40.52.25

E-mail : consulting.tribway.com

Customer Service Contact Information

Telephone: +33 (9)1 72 66 71 40

Monday to Friday, 9:30 am to 6:00 pm

E-mail: hello@designerbox.com

 

For any information or questions, a FAQ is also available on the website www.DESIGNERBOX.com.

PART 1 - General Terms and Conditions of Use of the MarketPlace Designerbox

 

 

  1. General information.

The General Terms and Conditions of Sale (hereinafter the "GTC") govern the terms and conditions of sale of the subscriptions and products of Designerbox ("the Products", "we", "us" or "our"), on sale on www.designerbox.com (hereinafter the "Site").

 

We reserve the right to change the Terms and Conditions at any time without notice. Please check these Terms and Conditions regularly to keep abreast of such changes. If a change to the T&Cs materially affects your rights and obligations, we may seek your consent by accepting the amended T&Cs. In the latter case, the changes will only become effective when you accept the amended T&Cs. If you refuse to accept the modified T&Cs, we may delete your account on the Site. Any other modification that does not substantially affect your rights and obligations will be effective as of the date of the updated T&Cs. Any disputes concerning the provisions of the GTC shall be based on the version of the GTC in force at the date of commencement of the dispute.

 

Any natural person, not a trader, wishing to proceed with the purchase of a Product is referred to as "The Customer" or "Buyer". The person wishing to purchase on the Site declares to have full legal capacity.

 

The present Terms and Conditions of Sale are available only in French, this version being the only valid one. The Customer has the option to save and print them.

 

The present GCS are subject to French law and the French standards in force.

 

Designerbox invites you to read carefully the clauses below and specifies that it is not possible to purchase a good without accepting the conditions set out below. The purchase presupposes a prior agreement of the general conditions of sale. However, this agreement is not conditioned by a handwritten signature from the Client.

 

In accordance with article 1369-5 of the Civil Code, the validation of the electronic contract is done according to the principle of ''double-click'' by which the Customer can check the details of his order and its total price in a first step in order to be able to correct possible errors and then confirm his order to express his acceptance.

 

The General Conditions of Sales aim to define the rights and obligations of the Buyer and the Seller, Designerbox, but also the different stages of the ordering process through the Site.

 

The products offered for sale by Designerbox are those that appear on the site www.designerbox.com under the name of Designerbox Seller. They should not be confused with the products of other Sellers in the MarketPlace.

The products offered for sale by the Site comply with the French legislation in force and the standards applicable in France. 

Designerbox offers both subscriptions to monthly boxes as well as products sold individually.

 

  1. Geographical area.

The Box Sending Service and Retail Sales of products/boxes covers most the member states of the European Union and the European Economic Area: Andorra, Austria, Belgium, Bulgaria, Denmark, Croatia, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

For logistical reasons, sales outside these geographical areas cannot be considered.

The responsibility of Designerbox cannot be held liable in case of non-compliance with the legislation of the country in which the products are delivered, it is the responsibility of the Buyer to verify it.

 

  1. Availability of services.

The Site Services are normally accessible by the Customer 24 hours a day, 7 days a week and all year round, except in the event of voluntary or involuntary interruption, regardless of the cause. In particular, this may include maintenance. Being by its activity, subject to an obligation of means, the company Designerbox cannot be held responsible for any physical, material or moral damage caused by the unavailability of the Site. 

The prices of the Products are expressed in euros and consider the VAT in force on the day of the order. Delivery charges may be added to the total price of the Product(s) ordered and are indicated in the Buyer's Basket.

Designerbox reserves the right to modify its prices in case of promotions or sales for example. However, the products will be invoiced based on the rates in force at the time of registration of the order.

The products remain the property of Designerbox until full payment of the price. In case of non-payment by the Buyer of all or part of the price of the order, Designerbox reserves, until full payment, a property right on the products sold, allowing him to repossess the said products by any means.

The payment of the totality of the price must be made at the time of the order.

 

  1. Characteristics - Conformity of the products.

Designerbox is likely to modify at any time the range of products and services offered for sale on its Website, without prejudice to the Orders placed by the Client.

In accordance with Article L. 111-1 of the Consumer Code, the Client may, prior to his Order, take note, on the Designerbox Website, of the essential characteristics of the product(s) he wishes to order.

Designerbox will make its best efforts to ensure that the photographic representation of the products on the Website is as faithful as possible to the products themselves. However, due to the digital presentation of the products on the Internet network, it is possible that the perception by the Client of the photographic representation of the products does not correspond exactly to the product itself, which the Client admits and acknowledges.

The products comply with current French legislation. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind Designerbox.

 

  1. Availability of Designerbox products

The offers presented by Designerbox are valid if they are advertised on the Site and within the limit of available stocks.

The mention "not available" indicates that the product is no longer available punctually or definitively because the stocks of the product in question are exhausted.

5.1. Navigation within the Site

The User can view the different Products offered and available for sale by Designerbox on the Site. These are indicated as being sold by Designerbox.

The User can browse freely on the different pages of the Site, without being committed to an order.

 

5.2. How to register an order for a Designerbox product

The Buyer places his/her order on the Internet directly on the Site.

To be accepted, the order must contain all the information necessary for its processing. The indications and information to be provided may vary over time at the discretion of Designerbox without notice.

Any order implies acceptance of the GCS, prices, descriptions of products available for sale and delivery terms.

If the Buyer wishes to place an order, he will choose the different Products in which he is interested, and will express his interest by clicking on the box "Add to basket".

 

5.3. Validation of the order

After having taken note of the state of his order, including a summary, the total price, the exhaustive expenses, the delivery address, and all that if necessary that he will be able to modify or correct possible errors, and once all the information requested has been completed by the Buyer, the latter will click on "Validate my order" to confirm his order definitively. The User may then pay by credit card via MANGOPAY (MANGOPAY General Conditions of Use).

The online supply of the buyer's credit card number and the validation of the order will be worth proof of the buyer's agreement in accordance with the provisions of the law of 17 March 2000 and will be worth exigibility of the sums due for the order and signature and acceptance of all the operations carried out.

 

5.4. Confirmation of Designerbox product order

Designerbox reserves the right to refuse any order or delivery for legitimate reasons, including total or partial non-payment of a previous order by the Buyer, refusal to authorize payment by credit card from banking and/or insurance organizations, non-payment or partial payment, use of a credit card not issued by a French financial institution or current or previous dispute with the Buyer.

The responsibility of Designerbox will not be engaged in any case for this reason.

Also, in case of error in entering the email address concerned, or non-receipt of the order confirmation email, Designerbox cannot be held liable. In this case the sale will be considered final, except in cases of cancellation of the order by Designerbox, including unavailability of products due to stock shortages. The Client may nevertheless exercise its right of withdrawal under the conditions set out in the article of these Terms and Conditions of Sale.

The amount due by the client is the amount indicated on the order confirmation. This amount includes the price of the product(s), shipping costs, taxes and other possible costs. These amounts will be payable in full to Designerbox upon confirmation of the order by credit card via MANGOPAY. The payment is fully secure and computerized.

The payment will be made, unless the server is unavailable, immediately on the Internet by credit card (via MANGOPAY). It is specified that only bank cards issued by a French financial institution will be accepted. 

For the monthly payments linked to the subscription formulas, payment for services and products will be made by bank card (Blue, Visa, Mastercard) by direct payment, paypal or direct debit, subject to the special conditions (monthly debit) which apply to the personal subscription with monthly payment provided for in articles 6 and 7 below.

For one-time payments (single payment) linked to the subscription formulas, payment for services and products will be made by credit card (Blue, Visa, Mastercard) in direct payment, by paypal, with single payment as provided for in articles 6, 7 and 8 below.

The company Designerbox, reserves the right to limit these methods of payment depending on the geographical area in which the Client is established. Payments made by credit card via the partner of the company Designerbox, the company Mangopay, will be secured by a data encryption procedure to prevent interception of this information by a third party.

The Designerbox Company cannot be held responsible in case of fraudulent use of the means of payment used.

In accordance with the regulations in force, the bank details of Members are not kept by Designerbox.

 

  1. Special conditions for subscription to the Designerbox mailing service

The Box Shipment Service consists of the shipment of a package containing a new item/product, designed by a designer specifically for Designerbox's customers (the "Box"), every calendar month.

The subscription to the Box Delivery Service can be done in 2 ways:

- the personal subscription (for yourself) with monthly payment or with a one-off payment (in one go),

- the subscription to be offered, with payment in one go.

In both cases, Designerbox offers several subscription periods for the Box Sending Service: free or annual (6 boxes) for oneself and two (2) months, four (4) months or six (6) months to offer.

Each of these terms corresponds to a monthly payment and a total subscription cost defined as displayed on the Site at the time of the Order.

The subscription to the Box Sending Service offered by Designerbox is made exclusively through the Site.

In order to allow Designerbox to properly administer and manage the shipments, the Customer must fill out a form containing his personal data and/or those of a third party to whom he wishes to offer a subscription to the Box Shipment Service. The Client must ensure that the information provided to Designerbox is accurate and correct. Designerbox cannot be held responsible for the consequences of any erroneous data or data entry errors.

The contract between the Client and Designerbox will be concluded only upon receipt by the Client of a payment confirmation email sent by Designerbox, it being understood that in the case of a personal subscription with monthly payment, any payment incident attributable to the Client under a monthly payment may result in termination of the subscription at the sole risk of the Client.

Any bi-monthly box will only be sent on the condition that two monthly payments have been correctly deducted beforehand. In the event of a payment incident, the box sending service will be suspended automatically. Designerbox will inform by email the customer who will have 1 month to regularize his situation. The bimonthly box concerned by this suspension will not be sent unless an exception is made and the client will then receive the box for the following period if the situation is regularized, the subscription being then extended by a bimonthly.

If the incident is not rectified within ONE MONTH, Designerbox may, at its sole discretion, initiate a procedure to obtain full payment of the sums due while suspending the delivery of the Boxes until the situation is rectified.

At the end of this one-month period and if the payment is not settled, Designerbox may also, at its sole discretion, terminate the contract by operation of law 30 days after sending to the Client by registered letter with acknowledgement of receipt of a formal notice to perform that has remained without effect.

In all cases, the Client will remain liable to Designerbox for the balance of the monthly installments due for the subscription period (excluding delivery costs), as a penalty clause if the contract is automatically terminated as provided above.

According to the date of subscription of the Client, the first box he will receive will be that of month N+1 or of month N+2 if he subscribes before midnight on the 26th of month N or that of month N+2 or N+3 if he subscribes from the 27th of month N. He will be informed in the order confirmation email, subject to full payment.

 

  1. Special conditions for the personal subscription with monthly payment or single payment.

The subscription of a personal subscription (for oneself) with monthly payment subscribes the Subscriber to the monthly sending service of a Box for an indefinite period of time without any commitment of duration ("free subscription") or with a minimum commitment of twelve (12) months (the "Subscription Period"). The duration of the Subscription Period is chosen at the time of subscription by the Customer.

The Subscription Period chosen (monthly or for 12 months) is tacitly renewable for a free period until one of the Parties decides to terminate this agreement (see Article 11).

By accepting this offer, the Customer expressly authorizes a monthly withdrawal of an amount defined at the time of the Order. Thus, after payment of the first monthly instalment on the day of the Order, the Customer will be debited the amount defined automatically each month, at the beginning of the month, throughout the Subscription Period.

The Customer may, at the time of subscription, if he so wishes, make a one-off payment (single payment) corresponding to the total amount of his subscription to the box delivery service. In the case of a single payment, the Subscription Period will not be tacitly renewable. In this case, the customer will have to renew his subscription in order to be able to receive the monthly boxes.

The customer may not modify his subscription at any time according to the terms and conditions set out in the article relating to modifications to these General Terms and Conditions (article 6).

The Customer may terminate his subscription in accordance with the terms and conditions set out in the article on unsubscribing in these General Terms and Conditions of Sale (article 11).

 

  1. Special conditions for the subscription to be offered with single payment

The subscription allows a third party to subscribe to the monthly sending service of a Box for a fixed, firm period of three (3) months, six (6) months or twelve (12) months, the "Subscription Period", without tacit renewal. Payment for this subscription will be made in a single instalment at the time of subscription.

 

  1. Modification of the Subscription Period

Customers who have taken out a subscription package for a third party (Article 8), with payment in one go, cannot change the duration of the Subscription Period.

Customers who have purchased a subscription for themselves (clause 7) cannot change the length of the Subscription Period.

 

  1. One-time Suspension of Subscription

If you have a free subscription or if you have completed your 12 months of commitment in the case of an annual subscription, you can suspend your subscription for a maximum of 1 month in the section "my account", "my subscriptions" then "suspend expiry".

Beyond this period, your subscription will be reactivated automatically.

 

  1. Tacit renewal – Unsubscription

The personal subscription with monthly payment is tacitly renewable under the conditions defined in Article 6. However, the Client may at any time put an end to the automatic renewal of his subscription by logging into his client account in the "Orders" section of the Designerbox.com website. If the unsubscription request made on the site is transmitted no later than the 9th of the current month, the unsubscription will be effective the same month, otherwise it will be effective the following month.

After the expiration of the personal subscription with monthly payment (12 months), the contract is renewed for a free period until the Client decides to terminate his subscription.

Unsubscription may also result from a unilateral decision by IPC Company in accordance with the terms and conditions set out in Section 14 regarding the deactivation of the Customer's account.

 

  1. Terms and conditions of delivery.

The Box Sending and Box Retail Sales Service covers most the member states of the European Union and the European Economic Area: Andorra, Austria, Belgium, Bulgaria, Denmark, Croatia, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

The products will be delivered either to the address indicated by the Customer on the Site when placing his order, according to the delivery method chosen on the Site.

If the delivery is to be made to the address indicated by the Customer, the delivery times indicated on the Site are indicative, corresponding to the average processing and delivery times observed. Designerbox cannot be held responsible for the consequences due to a delay in delivery. In all cases, if the package is returned to the sender, a second delivery will be made at the expense of the Client. If the package is sent back to the sender, it will not be sent back to the Client and the amount corresponding to this order, including any additional delivery costs, will be retained by Designerbox.

Box shipping service - specificity

The boxes will be delivered to the Customers each month at the address given in the "My Account" information form filled in by the Customer when registering. In the event of a change of address, it is the Customer's responsibility to change it before the 26th day of the month concerned by modifying their details on the "My Account" information form.

The Company Designerbox cannot be held liable for late delivery and the consequences that may result.

 

  1. Return of products in case of defective or damaged products.

Within two (2) business days of receipt of the order, the Customer may request Designerbox to return the Product(s) in case of defective or damaged products received or incomplete boxes received. Any claim made after this deadline will be rejected.

To do so, the Customer must notify his request by email to hello@designerbox.com or go to the Site, in the Contact section, and notify his name, first name and address and the number of his order and the reason for his request for returns so that Designerbox can easily identify the customer and reimburse him or exchange his Product.  Designerbox will then process this request and notify the Customer of its decision by email. The Customer will then return the package by post to Designerbox within one week and will have the proof of deposit stamped and kept by Designerbox. The Product(s) must be returned in its original packaging, in its original condition, new, to the following address:

Designerbox - Iconic Product Collection - 157 Bd Mac Donald - 75019 Paris

The return is at the risk and expense of the Customer.

If the Product(s) is not returned by the Customer within fourteen (14) working days of receipt of his order, or if the Product(s) is not returned in the condition described above, the return is considered cancelled and the Customer must keep the product.

In the event that the defective product is found to be defective, the Customer will be refunded by crediting the amount debited to the account corresponding to the Customer's credit card used for payment or by check for the amount of the purchase within a maximum of thirty (30) days from receipt by Designerbox, or will receive a new product while stocks last. The costs related to the new delivery are the responsibility of the seller.

As part of the subscription (Box Delivery Service) and if the Box is no longer available in stock, the Customer may obtain the Box of the following month free of charge. In the case of a Purchase of a single Box (Retail Sale), if the product of the Order is no longer in stock, IPC undertakes to reimburse the amount of the Order.

The proven defect of the Box cannot give rise to any other compensation. In any event, the liability of the Company IPC is limited in all cases to the monthly value of the subscription or order.

 

  1. Rights and withdrawal periods.

In accordance with Article L. 121-21 of the French Consumer Code, the Customer may exercise his right of withdrawal within fourteen (14) calendar days from the date of receipt of the Product. Then, the Client must return the Product for which he withdraws to Designerbox within a period of fourteen (14) days. To retract, the Customer can contact Designerbox, in the Return section, which has set up a service to simplify the return of Products.

The products must be returned in good condition to Designerbox at the address specified in Article 13 above without undue delay and, in any event, no later than fourteen (14) days after he has communicated his decision to withdraw. This time limit is deemed to have been observed if the goods are returned before the expiry of the fourteen day period.

The return costs shall remain the responsibility of the Buyer or the recipient of the order if it is the latter who exercises the contractual right of withdrawal, except in the case of a return due to damaged goods. Designerbox does not accept parcels or mail sent postage due.

In case of cancellation of the order, the sums already paid by the Customer will be refunded within thirty (30) days following the cancellation of the order.

 

  1. Retention of Title.

Designerbox retains full and complete ownership of the products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.

 

  1. Responsability 

Designerbox provides a service of supplying products, but is in no way the designer, manufacturer or specifier of such products. Therefore, Designerbox can in no way be held liable for any personal injury or / and intangible and / or material damage that may result from the use of products in the box that are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Client. Any claim that may result from the use of the products present in the box must be addressed directly to the manufacturer.

The responsibility of Designerbox under the obligations of these Terms and Conditions of Sale cannot be held liable if the breach of its obligations would be attributable to the actions of a third party even if it is foreseeable, to the fault of the Client, or to the occurrence of an event of force majeure as defined by the French courts or any other event that was not reasonably under the exclusive control of Designerbox.

Designerbox makes every effort to ensure that the information provided is complete. The information on the Web Site is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to the completeness, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products or accessories appearing on Designerbox's Web Site or their suitability for any purpose. Designerbox cannot be held liable for the items sold on its Website, particularly in case of non-compliance with their instructions for use. Designerbox cannot be held liable for any damage caused to the Client or to a third party because of such non-compliant use.

Designerbox disclaims all liability for direct and indirect damages, whether foreseeable or not, caused during the use of the Website. If the liability of Designerbox should be established and retained for a loss suffered by the client and attributable exclusively to the placing of an order, it is limited to the amount of the order paid by the client to Designerbox.

Any claim filed by a user, including any Client, against Designerbox must be made within six (6) months after the occurrence of the event, which is the subject of the claim.

 

  1. DEACTIVATION OF THE CLIENT ACCOUNT

Failure by the Customer to comply with the obligations subscribed to under the terms of these General Terms and Conditions, any incident of payment of the price of an order, any delivery of erroneous information when creating the account or acts likely to harm the interests of the IPC Company, may lead to the suspension of access to the services offered on the Site or, depending on the seriousness of the acts, to the termination of the subscription and the Member's account without any claim for damages.

The Company also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts, even if the Customer uses a new account.

 

  1. CONTINUITY AND TRANSFER OF RIGHTS AND OBLIGATIONS

Contracts between the Customer and IPC and/or its successors and assigns are binding between the parties.

In the event of a total or partial transfer of the IPC Company's business, the contracts between the Customer and the IPC Company and/or its successors and assigns shall remain binding between the parties. Contracts entered by IPC Company may not be assigned by the Customer without the prior written consent of IPC Company.

IPC Company's contracts, rights and obligations may be assigned or transferred at any time without the Customer's prior consent.

 

PART 2 - General Terms and Conditions of Sales for subscriptions and products sold by Designerbox

 

  1. General information.

The General Terms and Conditions of Sale (hereinafter the "GTC") govern the terms and conditions of sale of Designerbox's subscriptions and products ("the Products", "we", "us" or "our"), available for sale on www.designerbox.com (hereinafter the "Site").

We reserve the right to change the Terms and Conditions at any time without notice. Please check these Terms and Conditions regularly to keep abreast of such changes. If a change to the T&Cs materially affects your rights and obligations, we may seek your consent by accepting the amended T&Cs. In the latter case, the changes will only become effective when you accept the amended T&Cs. If you refuse to accept the modified T&Cs, we may delete your account on the Site. Any other modification that does not substantially affect your rights and obligations will be effective as of the date of the updated T&Cs. Any disputes concerning the provisions of the GTC shall be based on the version of the GTC in force at the date of commencement of the dispute.

Any natural person, not a trader, wishing to proceed with the purchase of a Product is referred to as "The Customer" or "Buyer". The person wishing to purchase on the Site declares to have full legal capacity.

The present Terms and Conditions of Sale are available only in French, this version being the only valid one. The Customer has the option to save and print them.

The present GCS are subject to French law and the French standards in force.

Designerbox invites you to read carefully the clauses below and specifies that it is not possible to purchase a good without accepting the conditions set out below. The purchase presupposes a prior agreement of the general conditions of sale. However, this agreement is not conditioned by a handwritten signature from the Client.

In accordance with article 1369-5 of the Civil Code, the validation of the electronic contract is done according to the principle of ''double-click'' by which the Customer can check the details of his order and its total price in a first step in order to be able to correct possible errors and then confirm his order to express his acceptance.

The General Conditions of Sales aim to define the rights and obligations of the Buyer and the Seller, Designerbox, but also the different stages of the ordering process through the Site.

The products offered for sale by Designerbox are those that appear on the site www.designerbox.com under the name of Designerbox Seller. They should not be confused with the products of other Sellers in the MarketPlace.

The products offered for sale by the Site comply with the French legislation in force and the standards applicable in France. 

Designerbox offers both subscriptions to monthly boxes as well as products sold individually.

 

  1. Geographical area.

The Box Sending and Retail Sales Service covers most member states of the European Union and the European Economic Area: Andorra, Austria, Belgium, Bulgaria, Denmark, Croatia, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

For logistical reasons, sales outside these geographical areas cannot be considered.

The responsibility of Designerbox cannot be held liable in case of non-compliance with the legislation of the country in which the products are delivered, it is the responsibility of the Buyer to verify it.

 

  1. Availability of services.

The Site Services are normally accessible by the Client 24 hours a day, 7 days a week and all year around except in case of voluntary interruption or not, regardless of the cause. This may include maintenance. Being by its activity, subject to an obligation of means, the company Designerbox cannot be held responsible for any physical, material or moral damage caused by the unavailability of the Site. 

The prices of the Products are expressed in euros and consider the VAT in force on the day of the order. Delivery charges may be added to the total price of the Product(s) ordered and are indicated in the Buyer's Basket.

Designerbox reserves the right to modify its prices in case of promotions or sales for example. However, the products will be invoiced based on the rates in force at the time of registration of the order.

The products remain the property of Designerbox until full payment of the price. In case of non-payment by the Buyer of all or part of the price of the order, Designerbox reserves, until full payment, a property right on the products sold, allowing him to repossess the said products by any means.

The payment of the totality of the price must be made at the time of the order.

 

  1. Characteristics - Product conformity.

Designerbox is likely to modify at any time the range of products and services offered for sale on its Website, without prejudice to the Orders placed by the Client.

In accordance with Article L. 111-1 of the Consumer Code, the Client may, prior to his Order, take note, on the Designerbox Website, of the essential characteristics of the product(s) he wishes to order.

Designerbox will make its best efforts to ensure that the photographic representation of the products on the Website is as faithful as possible to the products themselves. However, due to the digital presentation of the products on the Internet network, it is possible that the perception by the Client of the photographic representation of the products does not correspond exactly to the product itself, which the Client admits and acknowledges.

The products comply with current French legislation. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind Designerbox.

 

  1. Availability of Designerbox products

The offers presented by Designerbox are valid as long as they are advertised on the Site and within the limit of available stocks.

The mention "not available" indicates that the product is no longer available punctually or definitively because the stocks of the product in question are exhausted.

 

5.1. Navigation within the Site

The User can view the different Products offered and available for sale by Designerbox on the Site. These are indicated as being sold by Designerbox.

The User can browse freely on the different pages of the Site, without being committed to an order.

 

5.2. How to register an order for a Designerbox product

The Buyer places his/her order on the Internet directly on the Site.

To be accepted, the order must contain all the information necessary for its processing. The indications and information to be provided may vary over time at the discretion of Designerbox without notice.

Any order implies acceptance of the GCS, prices, descriptions of products available for sale and delivery terms.

If the Buyer wishes to place an order, he will choose the different Products in which he is interested, and will express his interest by clicking on the box "Add to basket".

 

5.3. Validation of the order

After having taken note of the state of his order, including a summary, the total price, the exhaustive expenses, the delivery address, and all that if necessary that he will be able to modify or correct possible errors, and once all the information requested has been completed by the Buyer, the latter will click on "Validate my order" to confirm his order definitively. The User may then pay by credit card via MANGOPAY (MANGOPAY General Conditions of Use).

The online supply of the buyer's credit card number and the validation of the order will be worth proof of the buyer's agreement in accordance with the provisions of the law of 17 March 2000 and will be worth exigibility of the sums due for the order and signature and acceptance of all the operations carried out.

 

5.4. Confirmation of Designerbox product order

Designerbox reserves the right to refuse any order or delivery for legitimate reasons, including total or partial non-payment of a previous order by the Buyer, refusal to authorize payment by credit card from banking and/or insurance organizations, non-payment or partial payment, use of a credit card not issued by a French financial institution or current or previous dispute with the Buyer.

The responsibility of Designerbox will not be engaged in any case for this reason.

Also, in case of error in entering the email address concerned, or non-receipt of the order confirmation email, Designerbox cannot be held liable. In this case the sale will be considered final, except in cases of cancellation of the order by Designerbox, including unavailability of products due to stock shortages. The Client may nevertheless exercise its right of withdrawal under the conditions set out in the article of these Terms and Conditions of Sale.

The amount due by the client is the amount indicated on the order confirmation. This amount includes the price of the product(s), shipping costs, taxes and other possible costs. These amounts will be payable in full to Designerbox upon confirmation of the order by credit card via MANGOPAY. The payment is fully secure and computerized.

The payment will be made, unless the server is unavailable, immediately on the Internet by credit card (via MANGOPAY). It is specified that only bank cards issued by a French financial institution will be accepted. 

For the monthly payments linked to the subscription formulas, payment for services and products will be made by bank card (Blue, Visa, MasterCard) by direct payment, PayPal or direct debit, subject to the special conditions (monthly debit) which apply to the personal subscription with monthly payment provided for in articles 6 and 7 below.

For one-time payments (single payment) linked to the subscription formulas, payment for services and products will be made by credit card (Blue, Visa, MasterCard) in direct payment, by PayPal, with single payment as provided for in articles 6, 7 and 8 below.

The company Designerbox, reserves the right to limit these methods of payment depending on the geographical area in which the Client is established. Payments made by credit card via the partner of the company Designerbox, the company Mangopay, will be secured by a data encryption procedure to prevent interception of this information by a third party.

The Designerbox Company cannot be held responsible in case of fraudulent use of the means of payment used.

In accordance with the regulations in force, the bank details of Members are not kept by Designerbox.

 

  1. Special conditions for subscription to the Designerbox mailing service

The Box Shipment Service consists of the shipment of a package containing a new item/product, designed by a designer specifically for Designerbox's customers (the "Box"), every calendar month.

The subscription to the Box Delivery Service can be done in 2 ways:

- the personal subscription (for yourself) with monthly payment or with a one-off payment (in one go),

- the subscription to be offered, with payment in one go.

In both cases, Designerbox offers several subscription periods for the Box Sending Service: free or twelve (12) months for oneself and three (3) months, six (6) months or twelve (12) months to offer.

Each of these terms corresponds to a monthly payment and a total subscription cost defined as displayed on the Site at the time of the Order.

The subscription to the Box Sending Service offered by Designerbox is made exclusively through the Site.

To enable Designerbox to properly administer and manage the mailings, the Customer must fill out a form containing his personal data and/or those of a third party to whom he wishes to offer a subscription to the Box Mailing Service. The Client must ensure that the information provided to Designerbox is accurate and correct. Designerbox cannot be held responsible for the consequences of any erroneous data or data entry errors.

The contract between the Client and Designerbox will be concluded only upon receipt by the Client of a payment confirmation email sent by Designerbox, it being understood that in the case of a personal subscription with monthly payment, any payment incident attributable to the Client under a monthly payment may result in termination of the subscription at the sole risk of the Client.

In the case of a payment incident, the box sending service will be suspended automatically. Designerbox will inform by mail the customer who will have 1 month to regularize his situation. The box concerned by this suspension will not be sent unless exception and the client will then receive the box of the following month if the situation is regularized, the subscription is then extended by one month.

If the incident is not regularized within ONE MONTH, Designerbox may, at its sole discretion, launch a procedure to obtain full payment of the sums due while suspending the delivery of the Boxes until regularization.

At the end of this one-month period and if the payment is not settled, Designerbox may also, at its sole discretion, terminate the contract by operation of law 30 days after sending to the Client by registered letter with acknowledgement of receipt of a formal notice to perform that has remained without effect.

In all cases, the Client will remain liable to Designerbox for the balance of the monthly installments due for the subscription period (excluding delivery costs), as a penalty clause if the contract is automatically terminated as provided above.

According to the date of subscription of the Client, the first box that he will receive will be that of month N+1 if he subscribes before midnight on the 26th of month N or that of month N+2 if he subscribes from the 27th of month N. He will be informed in the order confirmation email, subject to full payment.

 

 

  1. Special conditions for the personal subscription with monthly payment or single payment.

The subscription of a personal subscription (for oneself) with monthly payment subscribes the Subscriber to the monthly sending service of a Box for an indefinite period of time without any commitment of duration ("free subscription") or with a minimum commitment of twelve (12) months (the "Subscription Period"). The duration of the Subscription Period is chosen at the time of subscription by the Customer.

The Subscription Period chosen (monthly or for 12 months) is tacitly renewable for a free period until one of the Parties decides to terminate this agreement (see Article 11).

By accepting this offer, the Customer expressly authorizes a monthly withdrawal of an amount defined at the time of the Order. Thus, after payment of the first monthly instalment on the day of the Order, the Customer will be debited the amount defined automatically each month, at the beginning of the month, throughout the Subscription Period.

The Customer may, at the time of subscription, if he so wishes, make a one-off payment (single payment) corresponding to the total amount of his subscription to the box delivery service. In the case of a single payment, the Subscription Period will not be tacitly renewable. In this case, the customer will have to renew his subscription in order to be able to receive the monthly boxes.

The customer may not modify his subscription at any time according to the terms and conditions set out in the article relating to modifications to these General Terms and Conditions (article 6).

The Customer may terminate his subscription in accordance with the terms and conditions set out in the article on unsubscribing in these General Terms and Conditions of Sale (article 11).

 

  1. Special conditions for the subscription to be offered with single payment

The subscription subscription allows a third party to subscribe to the monthly sending service of a Box for a fixed, firm period of three (3) months, six (6) months or twelve (12) months, the "Subscription Period", without tacit renewal. Payment for this subscription will be made in a single instalment at the time of subscription.

 

  1. Modification of the Subscription Period

Customers who have taken out a subscription package for a third party (Article 8), with payment in one go, cannot change the duration of the Subscription Period.

Customers who have purchased a subscription for themselves (clause 7) cannot change the length of the Subscription Period.

 

  1. One-time Suspension of Subscription

If you have a free subscription or if you have completed your 12 months of commitment in the case of an annual subscription, you can suspend your subscription for a maximum of 1 month in the section "my account", "my subscriptions" then "suspend expiry".

Beyond this period, your subscription will be reactivated automatically.

 

  1. Tacit renewal - Unsubscription

The personal subscription with monthly payment is tacitly renewable under the conditions defined in Article 6. However, the Client may at any time put an end to the automatic renewal of his subscription by logging into his client account in the "Orders" section of the Designerbox.com website. If the unsubscription request made on the site is transmitted no later than the 9th of the current month, the unsubscription will be effective the same month, otherwise it will be effective the following month.

After the expiration of the personal subscription with monthly payment (12 months), the contract is renewed for a free period until the Client decides to terminate his subscription.

Unsubscription may also result from a unilateral decision by IPC Company in accordance with the terms and conditions set out in Section 14 regarding the deactivation of the Customer's account.

 

  1. Terms and conditions of delivery.

The Box Sending and Box Retail Sales Service covers most the member states of the European Union and the European Economic Area: Andorra, Austria, Belgium, Bulgaria, Denmark, Croatia, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

The products will be delivered either to the address indicated by the Customer on the Site when placing his order, according to the delivery method chosen on the Site.

If the delivery is to be made to the address indicated by the Customer, the delivery times indicated on the Site are indicative, corresponding to the average processing and delivery times observed. Designerbox cannot be held responsible for the consequences due to a delay in delivery. In all cases, if the package is returned to the sender, a second delivery will be made at the expense of the Client. If the package is sent back to the sender, it will not be sent back to the Client and the amount corresponding to this order, including any additional delivery costs, will be retained by Designerbox.

Box shipping service - specificity

The boxes will be delivered to the Customers each month at the address given in the "My Account" information form filled in by the Customer when registering. In the event of a change of address, it is the Customer's responsibility to change it before the 26th day of the month concerned by modifying their details on the "My Account" information form.

The Company Designerbox cannot be held liable for late delivery and the consequences that may result.

 

  1. Return of products in case of defective or damaged products.

Within two (2) business days of receipt of the order, the Customer may request Designerbox to return the Product(s) in case of defective or damaged products received or incomplete boxes received. Any claim made after this deadline will be rejected.

To do so, the Customer must notify his request by email to hello@designerbox.com or go to the Site, in the Contact section, and notify his name, first name and address and the number of his order and the reason for his request for returns so that Designerbox can easily identify the customer and reimburse him or exchange his Product.  Designerbox will then process this request and notify the Customer of its decision by email. The Customer will then return the package by post to Designerbox within one week and will have the proof of deposit stamped and kept by Designerbox. The Product(s) must be returned in its original packaging, in its original condition, new, to the following address:

Designerbox - Iconic Product Collection - 157 Bd Mac Donald - 75019 Paris

The return is at the risk and expense of the Customer.

If the Product(s) is not returned by the Customer within fourteen (14) working days of receipt of his order, or if the Product(s) is not returned in the condition described above, the return is considered cancelled and the Customer must keep the product.

In the event that the defective product is found to be defective, the Customer will be refunded by crediting the amount debited to the account corresponding to the Customer's credit card used for payment or by check for the amount of the purchase within a maximum of thirty (30) days from receipt by Designerbox, or will receive a new product while stocks last. The costs related to the new delivery are the responsibility of the seller.

As part of the subscription (Box Delivery Service) and if the Box is no longer available in stock, the Customer may obtain the Box of the following month free of charge. In the case of a Purchase of a single Box (Retail Sale), if the product of the Order is no longer in stock, IPC undertakes to reimburse the amount of the Order.

The proven defect of the Box cannot give rise to any other compensation. In any event, the liability of the Company IPC is limited in all cases to the monthly value of the subscription or order.

 

  1. Rights and withdrawal periods.

In accordance with Article L. 121-21 of the French Consumer Code, the Customer may exercise his right of withdrawal within a period of fourteen (14) calendar days from the date of receipt of the Product. Then, the Client must return the Product for which he withdraws to Designerbox within a period of fourteen (14) days. To retract, the Customer can contact Designerbox, in the Return section, which has set up a service to simplify the return of Products.

The products must be returned in good condition to Designerbox at the address specified in Article 13 above without undue delay and, in any event, no later than fourteen (14) days after he has communicated his decision to withdraw. This time limit is deemed to have been observed if the goods are returned before the expiry of the fourteen-day period.

The return costs shall remain the responsibility of the Buyer or the recipient of the order if it is the latter who exercises the contractual right of withdrawal, except in the case of a return due to damaged goods. Designerbox does not accept parcels or mail sent postage due.

In case of cancellation of the order, the sums already paid by the Customer will be refunded within thirty (30) days following the cancellation of the order.

 

  1. Retention of Title.

Designerbox retains full and complete ownership of the products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.

 

  1. Responsibility.

Designerbox provides a service of supplying products, but is in no way the designer, manufacturer or specifier of such products. Therefore, Designerbox can in no way be held liable for any personal injury or / and intangible and / or material damage that may result from the use of products in the box that are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Client. Any claim that may result from the use of the products present in the box must be addressed directly to the manufacturer.

The responsibility of Designerbox under the obligations of these Terms and Conditions of Sale cannot be held liable in the event that the breach of its obligations would be attributable to the actions of a third party even if it is foreseeable, to the fault of the Client, or to the occurrence of an event of force majeure as defined by the French courts or any other event that was not reasonably under the exclusive control of Designerbox.

Designerbox makes every effort to ensure that the information provided is complete. The information on the Web Site is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to the completeness, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products or accessories appearing on Designerbox's Web Site or their suitability for any purpose. Designerbox cannot be held liable for the items sold on its Website, particularly in case of non-compliance with their instructions for use. Designerbox cannot be held liable for any damage caused to the Client or to a third party as a result of such non-compliant use.

Designerbox disclaims all liability for direct and indirect damages, whether foreseeable or not, caused during the use of the Website. In the event that the liability of Designerbox should be established and retained for a loss suffered by the client and attributable exclusively to the placing of an order, it is limited to the amount of the order paid by the client to Designerbox.

Any claim filed by a user, including any Client, against Designerbox must be made within six (6) months after the occurrence of the event, which is the subject of the claim.

 

  1. DEACTIVATION OF THE CLIENT ACCOUNT

Failure by the Customer to comply with the obligations subscribed to under the terms of these General Terms and Conditions, any incident of payment of the price of an order, any delivery of erroneous information when creating the account or acts likely to harm the interests of the IPC Company, may lead to the suspension of access to the services offered on the Site or, depending on the seriousness of the acts, to the termination of the subscription and the Member's account without any claim for damages.

The Company also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts, even if the Customer uses a new account.

 

  1. CONTINUITY AND TRANSFER OF RIGHTS AND OBLIGATIONS

Contracts between the Customer and IPC and/or its successors and assigns are binding between the parties.

In the event of a total or partial transfer of the IPC Company's business, the contracts between the Customer and the IPC Company and/or its successors and assigns shall remain binding between the parties. Contracts entered by IPC Company may not be assigned by the Customer without the prior written consent of IPC Company.

IPC Company's contracts, rights and obligations may be assigned or transferred at any time without the Customer's prior consent.

 

 

Part 3 - PERSONAL DATA PROTECTION

 

DESIGNERBOX builds strong and long-lasting relationships with its Users, based on mutual trust: ensuring the security and confidentiality of its Users' personal data is an absolute priority for DESIGNERBOX.

DESIGNERBOX collects and uses the User's personal data in accordance with the provisions of the French law no. 78-17 of 6 January 1978, known as the "Informatique et Libertés" law (Data Protection Act) and the General Regulations on Data Protection of 27 April 2016, known as the "RGPD".

 

  1. DATA COLLECTION

All data concerning Users is collected directly from them during the creation of their Profile, the setting up of their Shop and/or during the Order process.

 

  1. PURPOSE OF THE DATA COLLECTED

The collection of the personal data of the Users of the Site has a legal basis:

- DESIGNERBOX's legitimate interest in ensuring the follow-up and smooth progress of Orders.

- DESIGNERBOX's legitimate interest in improving the navigation on the Site and adapting the functionalities of the Site.

- The consent of the Users in respect of commercial prospecting and cookies.

The data of the Users are mainly processed for:

- To allow their navigation on the Site

- To ensure the follow-up and the good progress of the Order

And in the alternative,

- Prevent and fight against fraud (hacking, anti-money laundering, etc. ...)

- Improving Site Navigation

- Conducting optional satisfaction surveys on the Use of the Site

- To provide statistics on the use of the tool and to compile internal reports for DESIGNERBOX's management teams.

DESIGNERBOX may use the email address provided to send promotional emails concerning news, offers or any other information that could potentially be of interest to the User of the Site.

 

  1. TYPES OF DATA PROCESSED

DESIGNERBOX may process, as an intermediary between Users, all or part of the following information:

- Surname, first name, postal address, telephone number, and email address

- Transaction History

- Ads placed online by the User in his Shop

- Bank details and documents necessary for the identification of the beneficiaries of transfers issued

 

  1. DESIGNERBOX and, in case of purchase on the Site, the Seller are the sole recipients of these data. The personal data will not be transmitted to commercial or advertising actors under any circumstances.

DESIGNERBOX may nevertheless be required to transmit this data to technical service providers for the purposes of the execution of the Order and the operation of the Site.

 

  1. These data are stored in France.

 

6.DESIGNERBOX undertakes not to infringe on the privacy of Users and to take all useful precautions to preserve the security and confidentiality of their personal data and in particular to prevent them from being modified, damaged or communicated to unauthorized persons, subject to the obligations that may be incumbent upon it within the meaning of the French law no. 2004-575 known as the Law for Confidence in the Digital Economy.

The User acknowledges and accepts that DESIGNERBOX will keep all documents, information and records concerning its activity on the Site for the aforementioned period.

 

  1. In accordance with the European regulations in force, DESIGNERBOX Users have the following rights:

- Right of access (article 15 RGPD) and rectification (article 16 RGPD), updating and completion of User data.

- Right to block or erase personal data of Users (Article 17 of the DPMR), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.

- Right to withdraw consent at any time (article 13-2c GDMP)

- Right to limit the processing of Users' data (Article 18 DPMR)

- Right to object to the processing of Users' data (Article 21 RGPD)

- Right to portability of data provided by Users, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDR)

- The right to determine the fate of the data of the Users after their death and to choose to whom DESIGNERBOX will communicate (or not) its data to a third party that they will have previously designated.

If the User wishes to know how DESIGNERBOX uses his or her Personal Data, asks for corrections to be made or objects to their processing, the User can contact DESIGNERBOX in writing at the following address: DESIGNERBOX - Iconic Product Collection - 157 Bd Mac Donald, 75019 Paris or by e-mail to hello@designerbox.com.

In this case, the User must indicate the Personal Data that he/she would like DESIGNERBOX to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations that are imposed on DESIGNERBOX by law, regarding the retention or archiving of documents. Finally, Users of DESIGNERBOX can file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

 

  1. COOKIES

8.1. To enable the User not to have to identify himself/herself each time the Service is accessed during the same day, with the exception of the first access, DESIGNERBOX uses session cookies.

These files deposited on the computer make it possible to identify the User each time he/she connects to the Site.

           

8.2. In addition, to improve the Website, DESIGNERBOX uses cookies to measure the audience such as the number of page views, the number of visits, the activity of visitors to the Website and the frequency of their return visits using Google Analytics services.

These cookies only allow the establishment of statistical studies on the traffic of visitors to the Site, the results of which are completely anonymous.

 

8.3. DESIGNERBOX also uses third-party cookies.

Third parties authorized to access the data collected in these third-party cookies by DESIGNERBOX undertake to use this data in accordance with the provisions of the Data Protection Act of 6 January 1978 as amended by the Act of 6 August 2004 and to respect the privacy of Internet users.

 

8.4. The User can access all information contained in the files about the cookies used by DESIGNERBOX in accordance with the provisions of the Data Protection Act of 6 January 1978 by submitting the request:

Either by email to the address hello@designerbox.com;

Or by registered letter with acknowledgement of receipt to the following address: DESIGNERBOX - Iconic Product Collection - 157 Bd MacDonald, 75019 Paris.

 

8.5. In general, any User may, if he/she wishes, oppose the use of cookies used by DESIGNERBOX by selecting the appropriate settings in his/her browser to deactivate cookies (the help section of the browser used specifies the procedure to be followed).